Common use of Subsequent Acquisition Transaction Clause in Contracts

Subsequent Acquisition Transaction. If, within 120 days after the date of the Offer, the Offer has been accepted by holders of not less than 90% of the outstanding Common Shares not already owned by the Purchaser, the Purchaser shall use its reasonable best efforts, to the extent permitted by applicable law, to acquire the remainder of the Common Shares from those Shareholders who have not accepted the Offer pursuant to Section 188 of the OBCA. If that statutory right of acquisition is not available, the Purchaser may pursue other means of acquiring the remaining Common Shares not tendered to the Offer. In the event the Minimum Tender Condition has been met, the Company agrees to cooperate with the Purchaser and to use its reasonable best efforts to enable the Purchaser to acquire the remaining Common Shares by way of amalgamation, statutory arrangement, capital reorganization or other transaction involving the Company and the Purchaser or an Affiliate (as defined in the OSA) of the Purchaser (a "Subsequent Acquisition Transaction"), provided that the consideration offered in connection with the Subsequent Acquisition Transaction is at least equal in value to and is in the same form as the consideration offered under the Offer. ARTICLE 2